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We are experienced Illinois attorneys who have helped hundreds of thousands of people with their legal issues. If you’d like to speak with an attorney for free, you can contact us any time at 312-346-5320.

We started our legal guidance and lawyer referral service way back in 2001. A big motivation for it was seeing so many cases where clients hired the wrong attorney for their case. We saw divorce lawyers handling car accident cases because they thought they could make a quick buck. We saw inexperienced attorneys taking on traffic and criminal cases. Not every one of these scenarios went bad, but it was our belief that if we could get people with the right kind of attorney for their case, more cases would end up with clients getting the result they deserve.

In one of our first calls, we heard a question that we still get multiple times a week. It’s a variation of this:

I know I need a lawyer, but I don’t know which type I need. Can you help me figure that out?

The answer is yes and it’s one reason why we still exist almost 22 years later. We don’t know an attorney for every situation, but we can tell you what type you should be looking for and clarify what different practice areas actually mean.

The most common clarification we give is when people say that the need a civil attorney. What most don’t understand is that every lawsuit is a civil lawsuit, so by definition, pretty much every attorney who goes to court in non criminal cases is a civil lawyer.

What we advise people to do is find a lawyer who has handled many similar cases to what you are going through. If your spouse’s life insurance policy isn’t getting paid upon their death, you want an attorney who has handled those cases hundreds of times. If you are trying to get commissions from your old job, you need a labor lawyer with a real track record of success. If you want to sue your neighbor because they damaged your property, there are not lawyers who “specialize” in that, but plenty who do what we call general civil litigation.

The general civil litigation attorneys can handle all sorts of cases, but are usually best for odd litigation that doesn’t happen all of the time.

Our strength is that we constantly network and try to identify great lawyers who do a great job for their clients. That doesn’t guarantee you a result, but it does, in our opinion, increase your chances of success.

Some other advice we can give is not to hire the first attorney you can get on the phone, but really think if they are the best for your case. It’s worth waiting to get someone who really can show a winning history with similar situations to what you are going through.

The bottom line is that you shouldn’t try to guess who you should hire. We would be happy to help you figure out your choices and make an educated decision. Please contact us any time if you’d like to discuss your case in confidence.

See also: 10 Reasons To Call Our Illinois Lawyers

We are experienced Illinois medical malpractice lawyers who have helped thousands of people since 2001. If you’d like to speak with a lawyer for free, please contact us at 312-346-5320. We cover all of Illinois and will give you a plain English, honest consultation about your case.

Sadly, there are a number of traumatic birth injuries that afflict newborns. While most people are familiar with cerebral palsy, many have not heard or Klumpke’s palsy, or Klumpke paralysis. Klumpke’s palsy is caused by a birth injury to the baby’s brachial plexus, which is a network of nerves coming out of the spinal cord that starts in the back of the neck and extends to the armpit.

Most types of brachial plexus injuries impact the shoulder and upper arm, and the resulting paralysis affects the movement of the lower arm and hand. Babies with Klumpke’s palsy have difficulty moving their arm, wrist, and hand. Other symptoms include a lack of muscle control so movements are uncoordinated, and a loss of feeling in those areas as if they are “asleep.” In addition, some babies have a droopy eyelid on the opposite side of their face.

The brachial plexus injury and the resulting Klumpke’s palsy can result from a difficult delivery and trauma during childbirth. When a baby is in a typical head down position before birth, but he/she has an arm positioned above the head, the doctor sometimes pulls the baby by the arm from the birth canal. This puts a big strain on the neck and shoulder (and nerves) of the newborn. These brachial plexus injuries are more commonly seen with petite women whose babies have higher birth weights as it is more difficult for the baby to move through a relatively small birth canal. Conversely, it is quite uncommon for an infant delivered by cesarean section to experience Klumpke paralysis.

Klumpke’s palsy is diagnosed at birth after a physical exam. Doctors may conduct x-rays and other tests to determine the extent of the nerve damage. Some babies will have mild symptoms and recover within months. Some will need surgery. Others will unfortunately have some permanent nerve damage.

If you believe that the doctor who delivered your infant (or the infant of a loved one) was negligent and made poor medical decisions that led to a brachial plexus injury and Klumpke’s palsy, please contact us at 312-346-5320. You can tell us the details of what happened, and we can refer you to an experienced attorney.  If the injury was a result of negligence during the delivery, your child can be compensated for their medical bills, pain and suffering, loss of future income and need for future care.

We are lawyers who will help you find the best attorney for your case or just answer any questions you have. If you want to speak to a lawyer for free, call us any time at 312-346-5320.

We get a lot of great questions about whistleblower laws in Illinois. Here is a a summary of some questions that we have received over the years.

I have heard the term “whistleblower,” but what exactly does that mean? 

A simple definition of a whistleblower is someone who comes forward with information on improper conduct that a person or organization is trying to keep secret. Often a whistleblower works inside of the organization where the wrongdoing is happening, but that is not always the case.

What makes a person step forward and “blow the whistle?”

A whistleblower is usually stepping forward to right a wrong and/or protect people. They have witnessed or are aware of abuse, corruption, fraud, waste or dangers to public health and safety. In most cases, the whistleblower is courageous in speaking up and doing the right thing.

I’ve heard about whistleblower situations involving the government. Are there situations outside of that?

Yes, most definitely. There are many whistleblower cases involving employees in private businesses and organizations.

Can you give me an example of a situation involving a whistleblower at a company? What was the outcome? 

Sure. Recently, Biogen Inc., a biotech company, agreed to a $900 million dollar deal to resolve a whistleblower lawsuit (brought by a former employee) which accused the company of paying doctors kickbacks to prescribe their multiple sclerosis (MS) drugs. The kickbacks included fake speaker programs and consulting deals, extravagant dinners and other entertainment. There is only a small number of medications approved to treat MS, and these drugs are pricey. Paying doctors kickbacks allowed Biogen to boost sales of their drugs and compete in this small market. If you are a patient with MS, do you want your doctor prescribing the best drug for you? Or prescribing the one that will get them a fancy dinner and some extra cash in their pocket?

I heard the phrase Qui Tam. What is that?

Qui tam literally means “n the name of the king. Under the False Claims Act, qui tam allows persons and entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the United States Government. Typically the US Attorney has to be given the chance to bring the case first.

What are the risks involved with being a whistleblower? Are there laws to protect the whistleblower?

Under the Department of Labor’s whistleblower protection laws, an employer cannot retaliate against the whistleblower, meaning the employer cannot fire, lay off, or demote him/her. The employer cannot deny overtime or a promotion, or reduce the whistleblower’s pay or hours. That said, it is best to consult with an attorney who specializes in these cases to fully understand one’s rights and to get a game plan together.

What are the benefits of being a whistleblower?

Aside from stopping often illegal and at best shady behavior, most successful whistleblower lawsuits lead to large financial payouts to the person who blew the whistle. Quite often this means many millions of dollars.

What if I know of some corporate wrongdoing and want to blow the whistle?

As we mentioned, it is critical to speak with a lawyer who knows the laws backwards and forwards and has handled these cases successfully many times. Contact us any time to explain your situation confidentially and learn your options.

See also: FAQs on legal malpractice cases in Illinois

Over 30 companies in the Fortune 100 sponsor cash balance retirement plans for their employees. It is similar to a 401(k) in that each employee has an account, but it differs in that the employer decides not only the contribution to the account (for example, 4% of wages) but also specifies the annual return on the investment. I had not heard of cash balance retirement plans until my friend who worked for a time at PricewaterhouseCoopers told me about it, but more on that later.

The employer can decide that the annual investment return will be, for example, 6 percent, a Treasury rate, or a corporate bond rate. Companies have found that cash balance retirement plans attract prospective employees for the following reasons:

1. They provide a larger benefit to employees than traditional pension plans
2. Many employees value the account balance better than the promise of a pension at retirement
3. Generally, employees do not have to make a contribution
4. The employer, not the employee, takes on the risk of the stock market falling

Cash balance retirement plans are relatively new, and how existing pension laws are applied to these plans is not entirely clear. People have differing opinions on what pension laws say employees should get when they quit.

Most employees believe they should get their account balance in cash, and generally, that’s what they get. However, if the employer is generous and offers an investment return greater than the 30-year Treasury rate, some people claim employees should get more than their account balance. They apply a “whipsaw calculation” to determine that amount.

This whipsaw calculation is complex, but in general terms, it calculates the additional interest that the employee might have earned after their quit date and up to their normal retirement age.

One real-life class action lawsuit regarding cash balance retirement plans and the whipsaw calculation was recently settled. Pricewaterhouse Coopers LLP (PwC), a professional services and Big 4 accounting firm, settled a lawsuit by agreeing to pay $267 million to former participants of the PwC plan. The settlement deal is expected to pay an average of about $11,000 to each of the retirees.

Specifically, the lawsuit claims that PwC shorted the former plan participants’ benefits by using faulty interest rates and normal retirement dates when performing the whipsaw calculations.

Cash balance retirement plans and whipsaw calculations can be very complex and confusing. The good news is that we know attorneys who know how to handle these complex cases and have a track record of success in ERISA, compensation and securities related litigation. Best of all, there is no fee to hire them and they only get paid if they make a recovery for you.

If you believe that you may have been shorted by your employer’s  pension plan and would like to speak with a lawyer, please contact us at 800-517-1614.  All calls are free and confidential.

We are experienced personal injury lawyers in Illinois. We can help you find the best attorney for your case. We also offer free guidance including on issues related to what a personal injury lawsuit is worth. If you’d like our help, please call us at 312-346-5320.

Around July of this year, I started making notes of really significant personal injury lawsuit settlements and trial results. By significant, I mean ones that are in the seven figures. A lot of people think that these types of cases happen a lot. The reality is that they don’t, and when they do, nobody has “won the lottery” but instead they are dead or their lives are terribly altered. In almost no case would you switch places with them in order to have the money they got.

I thought it would be helpful for people to see what types of cases lead to multi-million dollar results. Note that one thing these cases have in common aside from catastrophic injuries is that there is a lot of insurance money to pay the award. In other words, you could end up paralyzed after a car accident, but if there’s only $100,000.00 in insurance money, you likely won’t get more than that. It’s an unfair, but true part of our legal system.

In no particular order, here are some the biggest personal injury cases from 2022:

-A man who broke his neck when a sheet of plywood fell on him at a construction site in Deer Park accepted a $6.7 million settlement before trial in the Cook County Circuit Court.

-A former Metals USA machine operator who had part of his leg amputated in a workplace accident received $6.57 million in a settlement.

-A Cook County jury awarded $45.3 million to a man left with permanent brain damage after a failed intubation when he arrived at the emergency room after he fell off a balcony.
– A Cook County jury awarded $7.27 million to an elderly couple who alleged a car accident caused one of them a traumatic brain injury. One of the two can no longer walk without assistance.
-A Cook County jury awarded $6 million to the family of a 19-year-old man who died after going into cardiac arrest while playing basketball, an activity that his doctor didn’t restrict even though the teen allegedly had prior health issues.
-A $4.42 million settlement for a man injured while working as an elevator mechanic apprentice in 2016 at age 36. A cement board struck his right wrist and forearm, and he sustained major injuries to his shoulders and neck.
-A Cook County jury awarded $42.4 million to the family of a quadriplegic man who died at Advocate Condell Medical Center in Libertyville after falling into a coma from respiratory arrest and hypoxia while awaiting surgery.

-A Cook County jury awarded $363 million Monday to a woman who alleged that emissions from medical device sterilization company Sterigenics caused her to develop cancer, in the first lawsuit of more than 700 set to go to trial against the company. This is an outlier type of case given the large result and possibly has a lot to do with the defendant’s behavior as much as the injury. They were accused of knowingly emitting cancer causing gas in to the community. The total included $38 million in compensatory and $325 million in punitive damages.

-A man who injured his back when he fell down a stair scaffolding tower on a construction job site accepted a $6 million settlement mid-trial in Cook County Circuit Court. A temporary stair scaffolding tower was being used to allow the workers to access the site.  As a result of the incident, he underwent spinal fusion surgery and is unable to return to work as a union carpenter.

-The family of a 61-year-old woman who died of septic shock at Silver Cross Hospital in New Lenox accepted an $8 million settlement.

-The families of two women killed in a car accident settled their case for $6.9 million against the estate of the driver who was operating a company vehicle.

-$10 million to a man who was hit by a car. He remains in a nursing home facility, cannot walk independently and requires specialized care.

-The family of a 17-year-old boy who was shot to death by a Chicago police officer in 2019 accepted a $5 million settlement.

This isn’t every big case result from 2022, but a lot of them. They all are tragic cases that we wouldn’t wish upon anyone. If you have any questions or want to speak with an attorney for free, please contact us any time.

See also: Arterial Blood Clot Lawsuit In Illinois Brings $15 Million Settlement

We are lawyers who will talk to you for free if you’ve received a civil demand letter from a store and offer advice on how to handle it. If you would like to talk to an attorney, you can call us anytime at 800-517-1614.

A common scenario that happens to a lot of people is that a store accuses them of stealing something when they didn’t. There are a lot of reasons that happens. Sometimes it’s racism. Sometimes they just suspect teens are doing things they aren’t. Other times it’s a mistake.

Not everyone in this situation gets charged with retail theft. A lot of stores will just say they are going to ban you from the store or give you a harsh verbal warning. Whether you are innocent or not, what often happens next is odd and possibly illegal.

A couple weeks or months go by (or in one case we were contacted about, years) and you get a civil demand letter from a representative of the store, usually a law firm. What is a civil demand letter?

It’s when a store sends you a letter that asks them to pay them a certain amount – $400.00 seems to be a common figure – to compensate them for any losses they might have occurred from your alleged retail theft. They send these letters even when nothing was taken or damaged and they have no losses at all. They send these letters at times even when they made a mistake in accusing you. Sometimes they say it’s for paying a loss prevention person for having to deal with the situation. Other times they will call it a “re-stocking fee” as if it costs a few hundred dollars to put a sweater back on a shelf. It’s almost always nonsense.

Over the years we’ve seen letters like this come from Target, Walmart, Menards, Macy’s and many others. Why do they do this when they are asking for what is relatively little money for them and they’ve suffered no harm? The answer is because people will pay it. It’s estimated that stores get hundreds of millions a year in payments from people who are scared or think they have to pay this.

Quite often the letters imply that if you don’t pay that charges could be pressed still or that they will sue you and ask for thousands. Should you pay it? The answer depends, but often we tell people no. In fact, sometimes these letters could actually lead to you having a lawsuit against the company and/or the law firm who sent the letter.

If you do pay it and don’t make clear that you dispute the allegation, you could be handing them evidence that could be used against you in a criminal trial. The only reason to pay is if you are worried they will actually sue, but even then it’s best to try to negotiate down to a lower amount and make sure that they can’t go after you for anything else.

We can’t guarantee they won’t sue you if you don’t pay, but often they don’t because the dollar amounts are too small or they know that you did nothing wrong. We are happy to discuss with you for free and in confidence what you should do and also go over whether or not you may have a lawsuit against them.

We are experienced Illinois lawyers who will talk to you for free. You can fill out our contact form or call us at 312-346-5320 any time. We cover all of Illinois and promise to give respectful, direct and honest guidance.

Illinois probably has the best laws in the nation when it comes to protecting the rights of injured workers. The Illinois Workers’ Compensation is mostly common sense and worker friendly while still keeping insurance costs down.  In almost every case you are entitled to a settlement at the end of your care. The insurance company doesn’t have to offer one, but a lawyer can usually make it happen or get an award for you at a quick arbitration.

There are other things to know about settling an Illinois work comp case. In no particular order, here are things that you should be thinking about.

– Any settlement is tax free.

– Once you settle your case, you typically close out your rights related to the injury/accident forever. So if you end up missing more work or need more treatment, the work comp insurance wouldn’t have to pay for it.

– Because of that, you should never consider settling your case until you are as good as you are going to get health wise which is known as maximum medical improvement. That doesn’t necessarily mean you are good as new, but that you aren’t going to get any better.  It’s possible that you could need future care down the road or might have to keep taking medication. Those costs should be considered in any settlement that you make. Quite often a side arrangement called a Medicare Set Aside is put in place.

– A Medicare Set Aside happens when it’s anticipated you will need more care down the line for your injury. The insurance company funds an account that should be used to pay for this care. It’s designed to protect the interests of Medicare so they don’t make payments that they shouldn’t. You can control this account and spend it how you choose, but should know that if you don’t use it for your medical bills, you might not have anyone to pay for treatment at a later date if needed.

– We typically recommend that you be back to work and able to do your job without problems for at least a month or two before considering any settlement. The value of your case is in part based on your ability to do your normal work.

– If you can’t return to your old job due to permanent physical restrictions, you can continue to get paid while looking for work within those restrictions. If the only jobs you can find pay much less than what you’d make in your prior job, you could be entitled to wage differential benefits. That is 2/3 of what you would be making in the old job versus what you can make now. For example, if in your old job you made $1,800 a week, but now can only make $1,200 a week, you are entitled to weekly payments of 2/3 of the $600 difference or $400 per week. That is tax free and will continue until you reach 65 or five years, whichever is longer. It also can result in a lump sum settlement for your future wage loss.

– The amount you get for any settlement depends on a lot of things including your wage, the injury you sustained, the treatment you had, your age, the job you can return to, whether or not you have restrictions due to the injury, prior health problems and any defenses the insurance company might have.

– You almost never get the “best offer” with the first offer.

– A settlement can only happen if each side signs contracts and they are approved by an Arbitrator at the Illinois Workers’ Compensation Commission.

– Once a settlement is approved, you typically get paid within 30 days.

– Attorney fees are capped at 20% of the settlement. You almost always will get more with a lawyer than without one. If a settlement offer is made before you hire a lawyer, it can be difficult to get an attorney to take the case and you might get stuck having to take a low value settlement.

– If you don’t like the settlement you can always go to trial and get compensated that way. Trial of course has some risks too but that depends on the strength of your case.

– The bigger the injury, the more important it is to have legal representation. Not only can a good Illinois work comp lawyer prevent problems from occurring during the case, but in the end, having an attorney could literally put hundreds of thousands more in to your pocket.

There’s more to think about, but this is a good start. If you have questions and want a free, confidential consultation, please call us any time.

We are attorneys who will talk to anyone for free and answer questions about Illinois law. We got a lot of great questions and some of them are not enough for a full blog post, but still interesting. Here are some of the best ones from this year. If you have any questions and want to talk with a lawyer for free, call us any time at 312-346-5320. In no particular order.

Can a husband get alimony from a wife?

Yes. It’s called maintenance in Illinois and if one spouse makes a lot more than the other, the lighter earner could get it. And that’s true whether you are a husband or a wife.

My Chicago personal injury lawyer said I have to go to the doctor he wants to send me to. Is that true?
That is not true and in my opinion, only scummy personal injury lawyers in Chicago or elsewhere try to make you do this. There’s nothing wrong with them getting you in to a doctor if you don’t have one. But if it’s a requirement it’s gross and probably a sign that they are getting something in return from that doctor. I would never recommend you hire a lawyer that pushes that.
My mom passed away and her house is under water and she has a lot of other debt. Can they come after me for that?
If you didn’t co-sign on the mortgage or anything else, it’s not your responsibility. Beware of them sending you a document that tries to make it your problem. Nothing requires you to open up an estate after a parent passes. If you do, the estate would have to pay the debts most likely, but not you as an individual.
Been in my rental for seven years. Now on a month to month lease. Great tenant, never missed a payment. Landlord wants to rehab the place and sell it. Can they kick me out after all this time?
Unfortunately they can. If you don’t have a lease it gives you the flexibility to leave when you want and for them to get you out. If you don’t leave you’ll likely get evicted.
I fell at work inside the office and they said since I wasn’t at my work station on a factory line they aren’t covering anything. I hit so hard that I knocked out five teeth. Do I have a case?
Yes, depending on what caused you to fall. But if you were in your place of employment and slipped on water or tripped on a loose carpet or something like that, it’s a case and you are entitled to full Illinois work comp benefits.
My mom took out a life insurance policy out on me and my kids. We haven’t talked for years. Is it legal for her to do that?
Yes. It’s up to the insurance company to agree to create a life insurance policy. While usually they want a physical exam, if they are dumb enough to write a policy for people that they can’t interview, that’s their business. There is nothing you can do to stop this..
How do I revoke a power of attorney I gave to someone?
The best way is to do it in writing. There are many Illinois Power Of Attorney Revocation Forms available for free online if you do a quick search for that. You should then serve a copy on all parties who had your old power of attorney form such as the actual POA, doctors, etc.
I got Covid so my roommate moved out while I recovered. He’s now saying I owe him $500 for expenses that he had to pay while gone. Do I owe that money to him?
No. This is ridiculous. I get why someone moved out, but nothing in the law requires you to pay them anything for doing that.
I hope that this helps. We look forward to some great questions in 2023. As always, please contact us any time if we can help you in any way.

See also: Don’t co-sign unless you’re willing to pay the entire debt yourself

A few months back, there was a legal “expert” column in the Wall Street Journal about Twitter suing Elon Musk for trying to bail on their deal. I can you that I know nothing about securities law or mergers and acquisitions law, but multiple attorneys online said that this article got just about everything wrong. Those people were lawyers in the industry who have dealt with similar cases before who outlines why the WSJ article was likely wrong.

Now maybe that author is really an expert and maybe he’s right on this one. Or maybe he usually gets things right, but got this one wrong. I’m not sure, but I can tell you that just because someone is in the paper or on TV, don’t assume they know what they are talking about.

I know this from personal experience. I was recently contacted and asked to appear on a morning news show to discuss a class action lawsuit versus Uber. I was called by some producer the night before the segment was to air. What was my main qualification? I think it’s that I was available and they saw an article I had written about suing Uber. Of course the article I wrote had nothing to do with the case they wanted me to speak about, but that didn’t seem to bother them. I declined to participate.

I have on other occasions given “expert” quotes to newspapers.  Many of those were fake it until you make it situations where they asked me questions about a case and I googled that case while we were talking in order to form an opinion based on what seemed correct to me. I think I was right, but who knows?

Since then, I’ve noticed many other lawyers offering their opinions on matters they really know nothing about beyond understanding general legal principles. It’s just like guys who predict what’s going to happen to the stock market or in politics. If you act like you know what you are talking about, people believe you. And if you end up predicting things that are totally wrong, nobody is going to go back and call you out on it.

I don’t believe in the concept of “fake news.” I generally think that most papers and TV stations try to get it right beyond the ones that are so obviously partisan. But I do believe that news reporters are lazy and careless and with cuts to budgets as well as a desire to be first, not necessarily right, mistakes happen. This includes giving platforms to people who have no idea what they are talking about which is sometime me.

We get calls every week, unfortunately, about loved ones being abused in a nursing home, rehabilitation center, or long-term care facility. The people being cared for in these facilities are often vulnerable, physically and sometimes mentally. With Covid, there have been a lot of restrictions on visitors that has impacted care. Family members place a lot of trust in the staff at these centers. They trust that the workers will treat their loved ones with dignity and take care of their needs. When that trust is broken and a loved one suffers, it is heartbreaking. And sometimes it’s worthy of a lawsuit or at least talking to an attorney about it.

Abuse at a nursing home, rehab center, or long-term care facility can take many forms. It is not just actively harming a person physically. It can be passive, as in neglecting to provide proper care or ignoring instructions that are specific to that patient. Here are examples of nursing home abuse:

Physical abuse (cuts, scrapes, or bruises resulting from being hit, slapped, etc.). It’s shocking, but true that some staff members can get physical with clients and in other cases, other residents are known to have abuse issues and hurt someone.

Sexual abuse (rape, sexual assault).  We’ve seen this happen to residents by staff members, other residents, security guards and relatives of others in the facility. It should never happen and if it does it’s worth a call to the police and an attorney.

Physical injury from falls that could have been prevented (broken bones or bruises resulting from staff not responding to call buttons, not putting up bed rails). It blows my mind how often this happens. Lack of staffing is a huge contributor, but sometimes workers are just careless and don’t pay attention to simple instructions or put in safeguards to protect those who are fall risks.

Bedsores due to neglect/failure to move or turn a patient.  This is probably the number one call we get which is frustrating because these injuries are very avoidable. If the bedsore (ulcer, pressure sore) is beyond superficial, it’s usually grounds for a good lawsuit.

Medication errors (improper or inadequate use of medications). If this negligence causes an injury, it’s worth having an attorney investigate what happened.

Your loved one may be able to communicate to you the mistreatment that has occurred. You may be able to see the visible signs of it, such as cuts, bruises, and other injuries. Other signs of abuse include mood or personality changes, unexplained or rapid weight loss, and previously unreported health problems.  And sometimes you discover these abuses when the person you care about ends up in the hospital.

If you suspect that your loved one has suffered harm due to the action or inaction of the staff at a nursing home, rehab center, or long-term care facility, call us at 312-346-5320 to speak with a lawyer for free. We cover all of Illinois and have a great track record of helping people in these situations. There is no cost to hire an attorney to sue a nursing home for an injury. All cases are handled on a contingency basis which means we only get paid it you win the case and a recovery is made.

We are experienced Illinois attorneys who help with serious injury cases everywhere in Illinois. Call us at 312-346-5320 to speak with a lawyer for free and find out who is the best Illinois law firm for your case.

We get calls on a regular basis from people who have been injured in Illinois vehicular accidents. One of the first questions we ask is, “What type of vehicle hit you?” What many people don’t know, is that being hit by a semi-truck versus by a car or pickup truck leads to a very different type of case. Here’s why:

  1. Tractor-trailer accidents are more complicated because there are usually multiple parties at fault. Often those trucks drive poorly because of maintenance errors or because they are loaded improperly. The parties you end up suing and recovering from may not be known at the scene of the accident
  2. The commercial aspects of the case create complexity. The insurance companies that represent trucking companies are very experienced in defending personal injury or wrongful death lawsuits. A lot of trucking companies operate under shell companies. That means a big company will create a lot of smaller companies under the same wing so if something goes wrong they can act like they are a small company. Often it will appear that there is only $1 million in insurance coverage when we discover the bigger company. That leads to a larger settlement.
  3. Due to the sheer size and power of an 18-wheeler, the injuries caused by the collision with a truck are often more severe. Not only do you need a lawyer who knows how to investigate these cases, but you also want a law firm with a track record of success with catastrophic injuries such as brain damage, paralysis, life altering back damage, etc.
  4. Trucking accidents often require quick investigation. Time is of the essence. The sooner someone on your side is on the scene, the better. In one case we were involved with, a defendant was caught on film attempting to alter the scene of the accident which could have put the whole case in jeopardy. These big companies care about their bottom lines and nothing else.
  5. Trucking accidents also may require accident reconstruction. An experienced firm will know the best companies to hire in order to recreate how an accident happened so they can prove negligence to a jury. For example, in one case we are involved with, we believe the evidence shows that a semi truck rolled backwards and caused a death. The accident reconstruction specialist will prove this and the end result of that work can be the difference of literally millions of dollars as well as winning or losing the case.
  6. Different/additional driving laws may apply to those with a commercial driver’s license. Commercial drivers have laws as to how many hours in a row they can drive. They are required to keep driving logs. These factors can matter a lot in winning a case.
  7. When looking for an attorney for a trucking accident case, your options are more limited. There are roughly ten or fewer Illinois law firms that have demonstrated a strong track record of success in these cases. Almost every personal injury lawyer in Illinois would want you to hire them, but the reality is that so few are truly right for these cases.

There are other things to think about as well. If you’d like a free consultation, please contact us any time.

It’s heartbreaking to think about, but unfortunately, it is a reality. Infants, toddlers, preschoolers, and even older children are hurt or injured at day care. Mothers and fathers put their trust (not to mention their money) in day care centers like KinderCare, La Petite Academy and Kiddie Academy. They expect their children—first and foremost—to be looked after and safe at the end of the day. While most injuries that happen at day cares aren’t intentional, a lot do happen due to negligence and abuse.

This year alone we’ve had five potential clients for injuries at Chicagoland Kinder Care facilities as well as others against various providers. Let’s take a look at how these injuries might happen in day care centers. 

Defects in the Day Care Environment 

Although these centers are designed with children’s safety in mind, there could be defects in the center or defective baby products and toys. A loose floor tile could cause a child to trip and hit their head. A baby may fall out of a bouncy seat that is prone to tipping. That seat may have been recalled by the manufacturer but the day care center neglected to pay attention and remove it. Lots of these facilities have playgrounds and it’s not uncommon for their to be sharp objects on a slide or jungle gym. When the staff isn’t inspecting the property on a regular basis, injuries can happen.

Neglect/Mistakes by the Staff Members 

As every parent knows firsthand, children need constant supervision. Children are curious and obviously can’t gauge whether something they are doing is dangerous or not. Day care staff members are trained and paid to pay attention to what the children are doing and how they are interacting with each other. If a child gets into someone’s purse and mistakes medication for candy, a bad situation can occur. If a child becomes aggressive with another child, and the staff fails to notice or step in, an injury can happen. Perhaps the staff thinks a water balloon fight is a good idea for the older kids at the center. But not all pieces of the broken balloons are picked up and a younger child puts a piece in their mouth and chokes on it.  We’ve seen a lot of cases where generally there is negligent supervision or too many kids and not enough staff. Injuries that occur when that happens usually result in lawsuits.

Abuse by the Staff Members 

Although the employees of child care centers are interviewed, screened and trained to take care of your child/children and never do any harm, we do see situations where staff members intentionally hurt children. The abuse might include pinching, slapping, shaking or hitting a child. Bruises, broken bones, or more severe injuries might result, as well as mental trauma. In some terrible cases there have been instances of sexual abuse by adults on children by staff members. In other instances a non-employee family member of a staff member has been able to roam freely and abuse the kids.

We described a few scenarios above, but there are sadly many other examples. No matter what the cause was, if your child was injured or abused at a day care center, you may be entitled to compensation. We have over 25 years of experience and would be happy to talk to you for free. Call us any time at 312-346-5320 to speak with an attorney at no cost and in confidence.

See also: Daycare injuries in Illinois – You have to know the facts

We are experienced Illinois lawyers for all types of birth injury related claims including those who are born early and suffer an injury after delivery. If you’d like to speak to an attorney for free, call us any time at 800-517-1614.  All calls are free and confidential.

Having a baby can stressful because it’s natural to worry about things that could go wrong. While most labors are “normal,” that is of course not always the case. Some babies have warning signs while in the uterus which caused doctors to recommend they be delivered early. Others just come early naturally.

Premature infants or preemies are known to have a lot of complications. Premature infants are more likely to have immature gastrointestinal systems, resulting in complications such as necrotizing enterocolitis, or NEC. This is a potentially severe condition in which the cells lining the bowel wall are injured/inflamed after the premature babies start feeding. Intestinal tissue gets inflamed, causing it to die.

Many babies fully recover, but others with NEC suffer from lifelong neurological and nutritional complications. Some even die from NEC.  Some preemies who end up with NEC and a bad result due so due to the negligence of doctors and hospitals and/or the products they give your child.

NEC rarely occurs before a baby has been fed. Extensive research has shown that premature babies fed cow milk-based baby formula were at a significantly higher risk of developing NEC than those fed breast milk exclusively. Babies fed a combination of breast milk and formula were also at an elevated risk for NEC compared to those fed breast milk exclusively.

Parents of babies afflicted with NEC have filed medical malpractice lawsuits against the doctors who prescribed cow milk-based baby formulas as well as the formula makesr (i.e., Similac and Enfamil). Currently an increasing number of parents of babies with NEC are filing product liability lawsuits against the formula companies for manufacturing toxic baby formula.

The lawsuits claim that Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil) knew or should have known about the potential risk associated with their formulas—specifically the component of cow’s milk that could cause NEC, sepsis, and other threats to premature infants.

The plaintiffs also claim that, despite warnings from trusted medical groups, the companies did not take action to learn more about the potential dangers of their products. The lawsuits additionally argue that Abbott Laboratories and Mead Johnson marketed their products as safe and beneficial for preemies despite the potential risks and did not include warnings about NEC as a side effect.

You may be eligible to start a NEC baby formula lawsuit if:
• Your baby was born prematurely;
• Your premature baby was given Enfamil or Similac in the hospital; and
• Your premature infant was diagnosed with necrotizing enterocolitis (NEC), sepsis, meningitis, bowel surgery/amputation, bacterial infection, abnormal bleeding, salmonella or death.

Becoming a plaintiff in a baby formula lawsuit may help you obtain compensation for the cost of your child’s past, present and future medical care, for pain and suffering, and for lost income/diminished earning potential.  If you believe you are eligible to join such a lawsuit, or even if you just want to ask a few questions about your situation, please contact us to speak with a lawyer for free. We will review your case to see what options you may have and connect you with the best attorney for your case.

The most common question that gets asked when someone calls a law firm is “Do I have a case?” To answer that question, the attorney you speak with will ask you a series of questions about the facts of your case.  They don’t want or need every detail, but want you to give them a general idea of what the case is about. In doing so they will have you paint them a picture so they can determine if it’s a case they want to investigate.  Unfortunately, many attorneys aren’t direct in giving potential clients an answer.

Some lawyers will lie and say something like, “You have a great case, but I’m too busy to take it.”  They do this because they are either cowards or wishy washy and worried about getting sued for giving bad advice.

Others will tell you that it’s not a case they handle.  Sometimes that’s true and other times they are afraid to say you don’t have a case.

Fortunately many attorneys will offer their opinion even if it means explaining why your case isn’t a winner.  This is why you came to us, for answers. That doesn’t mean will give you the answer you want, but it means we will tell you what we think. We aren’t the only lawyers out there. We’re not the Judge. All we can do is offer a opinion based on our experience and what we hear from you.

The reality is that while we get it right 99% of the time, no attorney is right all the time. Sometimes the law changes. Sometimes we don’t know what we are talking about. And sometimes someone else looks at a case differently and achieves something incredible.

This happened this year on a medical malpractice lawsuit in Chicago. In the case, a 98 year old woman who lived independently was prescribed Warafin at allegedly triple the appropriate dosage and without proper instructions.  This led to a severe uncontrolled bleeding event that resulted in acute hypoxic respiratory failure and other complications.  She required significant medical treatment and home healthcare.  She ended up dying two years later.

Now that sounds like a sad case, but the reality is that even though she went from mostly independent to needing daily assistance, the life expectancy of a 98 year old is usually weeks and anyone that age could go from independence to needing assistance at a moment’s notice.  In 25 years I’ve never gotten involved with a case for someone this old. Every medical malpractice lawyer I know would have turned this case down. It’s not to excuse the negligence, but the reality is that it appears based on the initial hearing of the facts that you’d likely spend more money than you can recover. That’s based on her age limiting what the case is worth.

The Chicago medical malpractice lawyers I recommend are the best in the business. They are the ones that get most of the leading case results every year.  They would have turned this case and is it turns out it would have been a mistake. The case went to trial and a jury awarded her family $1.3 million in damages. This was a record setting verdict for someone over 90 years old.

The lawyers who handled it were very smart. They didn’t file a wrongful death suit saying her life was cut short because she had already way outlived her life expectancy and survived another two years.  Instead they focused on how her quality of life had diminished.

I asked one of the prestigious attorneys I work with on cases if he would have taken. This is a guy who regularly sets records on these types of cases.  He’s a lawyer insurance companies fear. He said he would have turned it down too. But he also made a great point.  A lot of lawyers are settlement lawyers and not trial lawyers. A trial attorney knows that once you get in to a trial, it’s a daily grind. If the facts are shocking and every witness is against the defendant and the plaintiff is crushing them, it can lead to a great verdict.

I don’t think we’ll all of the sudden see a rush of similar cases, but it does create a data point for other attorneys to use if they get similar facts.  I tip my hat to the very good firm that got this result. For you as a potential plaintiff it’s a valuable lesson to remember that if one attorney doesn’t want your case, there might be another one who does.  We do get it right most of the time, but nobody gets it right every time.

Under Illinois law, if you die and have a will (or die without a will or trust), the process of legally transferring your assets is called probate. Now there are a lot of exceptions such as what happens when you have hardly any assets at all or nobody wants to make a claim to inherit your property because you had so much debt.  For the purposes of this blog post, we are going to assume that the person who died had a will, a house, bank accounts and other assets with no debt. The question is, if they had a will, who can challenge it?

Theoretically, anyone can contest an Illinois will. If on your deathbed you changed your will from everything going to your neighbor to everything going to your cousin, your neighbor could contest the new will as not being valid and try to get the old one enforced.

Realistically speaking, it’s usually relatives who are contesting a will. A common scenario is that an older person has a will that leaves everything equally to all three of their kids. They get sick or have dementia and at a time when it can be argued that they don’t know what they are doing, they leave everything to just one child or a caretaker or someone else.  In a situation like that you will see the kids who got cut off filing a will contest.

Another common scenario is when a child from one marriage is not left anything. This often happens when they weren’t a part of their parent’s life. If the will leaves everything to all surviving children, they will have the ability to say that they are part of that group.  One way to prevent this from happening is to specifically mention them and make clear you are leaving them nothing or leave a nominal amount so you can show that you thought about them.

A big hurdle in contesting a will is making sure that it’s financially worth it to do so. If someone died with a house worth $125,000, about $75,000 in debt and they had seven kids, that means there’s about $50,000 to divide amongst seven kids, before court costs are taken in to account. So essentially if you were to challenge that will, your interest at best would be around $7,000 which means you’d spend more money than the case is worth.

You can find a lawyer who will only get paid if they win to challenge a will if the estate  and your interest in it is large enough.  In other words, we’ve been able to help people whose relatives died and had a will illegally changed where the estate was worth seven figures and their interest in it was in the high six figures or low seven figures or more.  If you can make a strong case to overturn the will and it’s a large estate, there are very good Illinois lawyers who will take the case on in a way where they don’t ask you for any money to file a lawsuit.

In sum, you can challenge a will if you had a legal interest in it either from being a spouse, blood relative or someone who was mentioned in a previous will that you have a copy of. Note that Illinois does not have common law marriage. In other words, if your long time partner dies and either doesn’t mention you in a will or never had one, there’s not likely much any attorney can do for you.

These are not easy cases and require a decent amount of investigation. If you’d like to have a free consultation with an attorney to determine if a will contest is possible for you, please call us any time at 312-346-5320.

We talk to an average of 10 people a day about Illinois workers’ compensation claims. We hear a lot of the same stories and see a lot of the same insurance companies. By far the one that workers seem to have the most trouble with is Sedgwick.

They are a big company that acts as a third party administrator for big corporate clients. Places like Walmart, Delta, Xerox, Amazon and others use them to process work comp claims. They get these big corporate clients, in my opinion, in part because they do such a good job of not paying people what they are properly owed. And in my experience they lie a lot, and a recent caller to my office proves it.

He was working for one of Sedgwick’s big clients and had to unload product and stock shelves. Doing that caused a repetitive arm injury and a recommendation for surgery from his doctor. Here’s what he said which proved their dishonesty.

Workers comp sent out forms to get me to sign allowing access to my medical records, and I sent it back immediately. As I uploaded the signed forms to Sedgwick site, I saw that my claim was denied before they even got the doctor notes and records.

In other words, the plan was to deny his case no matter what. That happens a lot in workers compensation when there isn’t a specific accident, but instead a problem from working over a period of time. Often there is no sincere interest to learn the truth, but a financial strategy to tell you no regardless of what the facts show or what your doctor thinks.

To them it’s not immoral or gross, it’s just a business strategy. They make money by saving money and from their viewpoint, if you disagree with it, you can hire an attorney. Never mind the fact that they know that many people are trusting or naive about how the law works and will take their word for it. So their business decision can cause you significant financial and/or medical harm.

They of course aren’t the only insurance company that does this, but in my opinion they are the worst one.  The best thing you can do is level the playing field and get an attorney in your corner who is experienced, honest and will be an advocate for you. The good news is that it doesn’t cost anything to hire an Illinois work comp lawyer. If you want to have a free consultation to learn about your rights and options, contact us any time at 312-346-5320. We help everywhere in Illinois.

It’s the time of year that people in bad marriages start to think about divorce. Sometimes it’s because around the holidays people take inventory of their life and don’t like where the are. Sometimes being in close quarters with the cold weather pushes people over the edge.  Other times it’s a new year and they want a new life. For some the kids are old enough or out of the house. The reasons go on and on and the reality is that whatever reason you choose is fine.

It takes courage to file for divorce.  Some people are too embarrassed to do so or can’t see another life. Economically it can definitely be a challenge for a lot of people. If you can barely afford one apartment, how can you afford two between the two of you?

I’m not here to tell you to get divorced or not. That’s something you need to decide. What I can tell you is that I’ve learned a few things about it over the years and that a divorce in Illinois can be a good thing.

First off, divorce doesn’t mean failure, but instead means that the relationship has run its course. While your ideal situation might have been to stay married forever, if you were in a good relationship for ten years, produced children you love, etc., that can be a successful relationship whose time just ended. There is nothing to be ashamed about that.

Second, things will get better.  If you are thinking about divorce, you probably aren’t in a great situation, but the heartbreak of divorce or the stress of it, especially if there are kids, can be too much to think about. It very likely will be hard at first, but eventually you will realize that it’s starting to get better.

Third, for so many people I know, not only does it get better, but they are so much happier five years from when they started. It’s not a time in your life you can likely envision, but you should.  The things you hated about your marriage will likely be gone and for many people they are ready for a new, better relationship and able to find it. They know what they want and don’t want and are able to make better choices for themselves.

These three things might not sound like much right now or you may think your situation is different and you may be right. Nobody goes through a divorce and thinks that it was an awesome experience, but lots of people who can’t picture their life in 5-10 years right now will look back some day and wish that they could have given themselves a pep talk.

Bonus thought. Therapy is really beneficial when you are in this type of situation whether you go forward with a break up or not.

And if you’d like to ask a lawyer questions for free and in confidence, contact us any time at 312-346-5320.

We are experienced Illinois attorneys who since 2001 have helped thousands of people who are the victims of medical malpractice in Illinois. We thought it would be helpful to provide a basic explanation of what these cases are about and some answers to common questions we have received about Illinois medical negligence lawsuits. If you have any questions or would like to talk with an attorney for free, please call us any time at 312-346-5320.

  1. What is a simple explanation of medical malpractice?

Medical malpractice occurs when a doctor or health care provider does not perform their job duties as they should have and a patient is harmed as a result. To bring a lawsuit, a lawyer will want to see negligence that leads to a major injury.

  1. How does medical malpractice occur?

When people think of medical malpractice, many envision a doctor making an error during surgery. However, medical malpractice can take many forms:

Failure to diagnose a problem like cancer

Improper treatment or a delay in treatment that causes a harm

Failure to order tests or evaluate the results in a way that causes an injury

Prescription errors

Birth injuries

  1. At what stage in life does medical malpractice occur?

Medical malpractice can happen at any point in a person’s life. A baby can have a birth injury due to the negligence of an OB/GYN. A young adult can have a misdiagnosis which leads to a terrible result. An elderly person can have a surgical error. Any of these things can happen to anyone at any time.

  1. Why do medical malpractice victims file a lawsuit? What are they hoping to get?

They are filing a lawsuit to get their medical bills paid, to recover lost wages, and to get compensation for the pain and suffering they have endured. These lawsuits are also a way to help prevent similar errors from happening to other people.

  1. What is a medical malpractice lawsuit typically worth?

There are too many variables in medical malpractice lawsuits, so there is no “typical” figure. It can be thousands or millions depending on the severity of the injury, the patient’s age (and therefore, lost wages and life expectancy), and the location of the case.

  1. Why is it so important to choose the right attorney for a medical malpractice case?

Medical malpractice cases are very complex, and the stakes are high. It is critical to hire a law firm that has the financial resources to bring a complex case to trial. The attorney should also have experience and a track record of success with the type of injury involved.

  1. How much of the judgment or settlement does an Illinois medical malpractice law firm keep?

By law, the attorney representing you is entitled to receive 33% of what he/she recovers for the client. This contingency fee is their payment for doing all the work required throughout the course of the case. If they don’t win or get a settlement you owe them nothing.

  1. How do I know which attorney is the best one for me and my specific case?

That is where we come in. For over 20 years, we have connected people with medical malpractice cases to the best attorney for their specific situation. We know the reputable firms, the ones that get great results for their clients and that are respected in the legal community. Call us at 312-346-5320 to explain your situation and get pointed in the right direction.

 

 

 

See also: Failure To Diagnose Lawsuits In Illinois

If you get arrested and charged with a misdemeanor or felony in Cook County, it’s important that you take the charges seriously as jail time is a possibility.  The goal is to get the best outcome possible. Sometimes that’s a dismissal of the charges. Sometimes it’s a not guilty finding at trial.  Other times it’s getting supervision, probation or a low amount of jail time.

To get the best result possible, you need the best attorney for your case. But there is no such thing as the best Chicago criminal lawyer who would be the right choice no matter what you are charged with in Cook County.  There are certain things you should know about finding the best one for you so you have the greatest chance of success.

1. In Chicago, there are seven different locations where your case could be heard. Most felonies will end up at 26th and California which is the main felony courthouse.

2. There are suburban courts in Skokie, Maywood, Bridgeview, Rolling Meadows and Markham.

3. Because your life is on the line when you have serious criminal charges, you should hire an attorney who is doing nothing but criminal defense (or close to it) all day every day.

4. It’s important that your lawyer do a lot of work at the courthouse where your case is being heard. You want them to have a relationship with the local Judge and prosecutors. They can’t know everyone, but the more they are there, the better chance of success that you have.

5. It’s not mandatory that your lawyer be a former prosecutor or public defender, but it can be helpful. We never recommend a criminal attorney who has less than 10 years of experience.

6. It’s not likely that an attorney goes to Markham and Rolling Meadows on a regular basis. Those courts are far from each other so the attorney would really be spreading themselves thin if they did that. In our opinion you are better served by hiring an attorney who mostly goes to the courthouse where your case will be.

7. Each year there are over 300,000 criminal arrests in Cook County. As a result there are a lot of experienced attorneys out there.

8. Beware attorneys whose first suggestion is to just plead guilty and get probation for paying them a small fee.  That’s a guilty finding that will stay on your record. You want an attorney who examines the charges and advises you on the best and worst case scenarios.

9. Because there are so many cases, prosecutors are willing to cut deals. That’s where having an attorney who deals with them on a regular basis becomes important.

10. No lawyer handles just one type of criminal case, but you want to hire an attorney who has handled the charges against you before. In other words, if you get caught with a gun at O’Hare, it’s not enough to just hire a lawyer who has handled gun charges. You want one who has defended people accused of the exact same thing. This is partly why we don’t recommend attorneys who aren’t experienced.

11. It’s not unusual for attorneys who handle these cases to be one man/woman law firms.

12. Sometimes the first court hearing will be in the suburbs but the case will get transferred to 26th St.  If it’s a felony charge, verify that your case isn’t going to change courts.

I hope this helps. If you’d like to speak with an attorney for free and get a recommendation of which Cook County criminal defense lawyer we think is best for you, please call us any time at 312-346-5320.

See also: A connected Chicago felony defense lawyer can make a huge difference

It’s not uncommon for me to get a call from someone asking something like, “Who’s the best Chicago personal injury lawyer near me?” The answer to that question really depends on the unique facts of your case and in most cases there are at least a handful of attorneys who could do a great job for you.

I’ve kind of evolved my thinking on who those “best” people are. I’m in my 26th year of practicing law and I’ve seen a lot of great lawyers come and go. Covid has had a big impact on that as well with many attorneys choosing to slow down their practice.  While Cook County has put in rules to speed up cases and force lawsuits to trial sooner, the reality is that for big cases, it’s still common for the lawsuit to drag on.

Recently a very prestigious Chicago personal injury lawyer settled a case for a truck driver who was killed in an accident for $25 million. That’s a tremendous result. The lawsuit itself was started in 2011 when the attorney was 59 years old. Now he’s 70. The case was tried in 2017, overturned on appeal and had it not been settled, probably wouldn’t have been over until next year.

This lawyer is great, but in my opinion the client got very lucky. Eleven years is a really long time and it wouldn’t have been shocking if the attorney had gotten sick, retired or just slowed down his practice and handed this case off to someone else.  He’s extremely capable, but if someone called me today and asked what lawyer has had a lot of success in trucking death cases, I couldn’t recommend him.  That’s because it’s very reasonable to expect that a new lawsuit will take at least five years to resolve and as shown by this other case, it could take much longer.

So when hiring the “best” Illinois attorney for your case, you have to not just think about who’s great now, but who’s likely to be great five years from now. With that in mind, most of the attorneys I recommend are in their 40’s or 50’s. They have incredible track records of success, but realistically speaking there is a much higher chance they will be a part of a thriving law practice five years from now.  That may sound unfair or ageist, but it’s an honest reality of life.

I salute the attorney who got the incredible result for the family he represented in the trucking death case and I hope he can keep it going. But I strongly recommend that when hiring an attorney you think about what they will be like five or 10 years from now and what their firm will be like. If you do that analysis, it will change your idea of who the best one is for your case.

We are experienced Chicago attorneys who help people find the right lawyer for their case anywhere in Illinois. Call us for a free, confidential consultation any time at 312-346-5320.

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